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In order to obtain sole physical custody of your child, you would have to show that having your child see their other parent would be harmful to the child in some way or that he or she would be in danger or neglected by the other parent.
New Jersey law provides that both parents must be considered on equal footing when it comes to a custody determination. That said, New Jersey still gives weight to the ?tender years doctrine? and tends to consider that factor in favor of mothers.
If both parents are amicable and can demonstrate to the court that they are capable of maintaining a healthy form of cooperation, 50/50 custody can be allowed. However, this is not usually the case due to the nature of joint physical custody and how it affects the child.
Under New Jersey law, fathers have rights with respect to their children, just as mothers do. Courts are to consider what is in the best interests of the child in determining matters involving child custody in divorce cases. A father also has rights if he is not married to the mother of his child.
Because frequently switching homes can be unsettling, especially for very young children, New Jersey doesn't require that children split their time equally or 50/50 between parents. Instead, the court will make a custody decision that is in the child's best interests.
Generally, child custody can be determined in two ways: by a negotiated agreement between the parents or by a judge's decision. Most commonly, in divorce and separation cases, the parents are able to work out a custody agreement between themselves.
In NJ, the parent who spends less time with the child pays support. In addition, if parents share custody 50/50, the higher-earning parent pays. The amount of time spent with each parent and the incomes of both parents will typically affect the calculation.
Joint Legal Custody?This type of child custody arrangement is the most common since it allows both parents to actively participate in their child's life.